Text of the Senate amendment to the House Bill making appropriations for the fiscal year 2014 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 3899) (being the text of Senate, No. 2010, printed as amended)

NONE moves to amend the [Legislation Type] SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2014, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2014. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance.

1599-4000For a reserve to support community colleges that serve a critical role in creating opportunity for local communities of the highest need; provided, that not less than $3,000,000 shall be provided to Roxbury Community College ………………………………..$5,000,000

1599-6901For the fiscal year 2014 annualized costs of the human service provider salary increases funded in item 1599-6901 of chapter 139 of the acts of 2012; provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2014 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means………………………………………………..$10,695,490

1599-0091. For a reserve to be administered by the executive office for administration and finance; provided, that not less than $150,000 shall be expended by the division of marine fisheries for investigations of invertebrate species and fisheries in coastal waters, including a ventless lobster trap survey employing the services of contracted fishing vessels; provided further, that funds from this item shall be expended by the division of marine fisheries, the department of public health bureau of environmental health or the department of public health state laboratory to address new concerns associated with bacterial contamination of marine waters and shellfish. . . . . . . . . . . . . . . . . . . . . . . $500,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Mental Health.

5095-1016For the department of mental health, which may expend not more than $500,000 in revenue collected from occupancy fees charged to the tenants of the state hospitals; provided, that all fees collected shall be expended to support the costs to sustain operations of the facilities; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system……………………………………...$500,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Business Development.

7007-0210For the purpose of the Brownfields Redevelopment Fund established under section 29A of chapter 23G of the General Laws…………...$15,000,000

SECTION 2E.

DEPARTMENT OF TRANSPORTATION

CTF Transfer to the Mass Transportation Trust Fund.

1595-6368…………………………………………………….…………..$30,115,915

SECTION 3. Section 3 of chapter 38 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out clause (13).

SECTION 3A. Section 53I of chapter 44 of the General Laws, as so appearing, is hereby amended by inserting after the words “three hundred and fiftieth”, in line 2, the following words:- and four hundredth.

SECTION 3B. Said section 53I of said chapter 44, as so appearing, is hereby further amended by adding the following sentence:- Any surplus remaining in this special fund after the celebration is concluded shall be transferred by the treasurer into the treasury of that city or town, unless the surplus, or some portion thereof, is otherwise extended and maintained in the special fund for future celebrations as authorized by the mayor or city manager, the board of selectmen or the majority of any special committee established to plan the celebration.

SECTION 3C. Subsection (i) of section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following clause:-

(4) For the purposes of paragraphs (1) to (3), inclusive, any change made to the calculation of net school spending related to retired teacher health insurance made after July 1, 2013, shall not be included in the district's net school spending for the purpose of calculating charter school tuition payments.

SECTION 3D. The second paragraph of section 65 of chapter 143 of the General Laws, as appearing in section 6 of chapter 3 of the acts of 2013, is hereby amended by inserting after the seventh sentence the following sentence:- Total fines shall not exceed $10,000, provided, however, that fines assessed to owners or operators of a residential building of fewer than 25 housing units shall not exceed $300.

SECTION 3E. Said second paragraph of said section 65 of said chapter 143, as so appearing, is hereby further amended by adding the following sentence:- An owner or operator of an elevator shall not be assessed a fine for having violated this section if the elevator was not determined to be unsafe at the time of inspection, notwithstanding that the results of an inspection were rendered beyond such 30-day period; provided, however, that if the elevator was determined to be unsafe at the time of inspection, the fine assessed shall be reduced by the cost to repair that elevator.

SECTION 3F. Said section 65 of said chapter 143, as so appearing, is hereby amended by adding the following paragraph:-

The commissioner or the commissioner’s designee shall send notification about elevator certificate expiration dates at least 90 days prior to expiration to municipalities, not-for-profit organizations, public schools and religious organizations who are the owners or persons in control of a building in which an elevator is operated.

SECTION 4. Chapter 151F of the General Laws is hereby repealed.

SECTION 5. Chapter 176O of the General Laws is hereby amended by striking out section 23.

SECTION 6. Said chapter 176O is hereby further amended by inserting after section 22 the following section:-

Section 23. All carriers shall establish a toll-free telephone number and website that enables consumers to request and obtain from the carrier, within 2 working days, the estimated or maximum allowed amount or charge for a proposed admission, procedure or service and the estimated amount the insured, will be responsible to pay for a proposed admission, procedure or service that is a medically necessary covered benefit, based on the information available to the carrier at the time the request is made, including any facility fee, copayment, deductible, coinsurance or other out of pocket amount for any covered health care benefits; provided, that the insured shall not be required to pay more than the disclosed amounts for the covered health care benefits that were actually provided; provided, however, that nothing in this section shall prevent carriers from imposing cost sharing requirements disclosed in the insured's evidence of coverage for unforeseen services that arise out of the proposed admission, procedure or service; and provided further, that the carrier shall alert the insured that these are estimated costs, and that the actual amount the insured will be responsible to pay may vary due to unforeseen services that arise out of the proposed admission, procedure or service.

SECTION 7. Section 23 of said chapter 176O, as inserted by section 6, is hereby amended by striking out the words “within 2 working days” and inserting in place thereof the following words:- in real time.

SECTION 8. Section 3 of chapter 176Q of the General Laws, as most recently amended by section 90 of chapter 35 of the acts 2013, is hereby further amended by adding the following clause:-

SECTION 9. Sections 9, 17 and 18 of chapter 176Q of the General Laws are hereby repealed.

SECTION 10. Section 9 of chapter 211B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 133, the word “court.” and inserting in place thereof the following words:- court; and

(xxiv) the chief justice of the trial court may, subject to the approval of the court administrator, apply for and accept on behalf of the commonwealth any funds, including grants, bequests, gifts or contributions, from any person. The funds shall be deposited in a separate account and may be expended by the chief justice of the trial court without further appropriation in accordance with chapter 29 and any rules or regulations promulgated under that chapter.

SECTION 11. Section 9A of said chapter 211B, as so appearing, is hereby amended by striking out, in line 171, the word “court.” and inserting in place thereof the following words:- court; and

(xxiv) the court administrator may, subject to the approval of the chief justice of the trial court, apply for and accept on behalf of the commonwealth any funds, including grants, bequests, gifts or contributions, from any person. The funds shall be deposited in a separate account and may be expended by the court administrator without further appropriation in accordance with chapter 29 and any rules or regulations promulgated under that chapter.

SECTION 12. The third sentence of section 11A of chapter 293 of the acts of 2006, inserted by section 16 of chapter 129 of the acts of 2008, is hereby amended by striking out the figure “2” and inserting in place thereof the following figure:- 3.

SECTION 13. Item 1599-2013 of section 2A of chapter 142 of the acts of 2011, as amended by section 28 of chapter 36 of the acts of 2013, is hereby further amended by inserting after the figure “3:10-CV30073” the following words:- and for costs of cases in which the department of developmental services is a defendant.

SECTION 13A. Section 304 of chapter 224 of the acts of 2012 is hereby amended by striking out the words “October 1, 2015” and inserting in place thereof the following words:- August 1, 2014.

SECTION 13B. Chapter 239 of the acts of 2012 is hereby amended by striking out section 52, as appearing in section 22 of chapter 3 of the acts of 2013, and inserting in place thereof the following section:-

Section 52. The bureau of pipefitters, refrigeration technicians and sprinkler fitters shall adopt regulations and issue procedures related to the process piping pipefitter license under section 82 of chapter 146 of the General Laws not later than July 1, 2014. A person who was not required to be licensed under section 84 of said chapter 146, who submits satisfactory proof to the bureau of pipefitters, refrigeration technicians and sprinkler fitters that the person has been actively engaged in any area of process piping as defined by section 81 of said chapter 146 for a period of 4 years prior to the effective date of this act and who has applied for a license within 180 days after the effective date of the regulations adopted under this section, shall, upon payment of the applicable fee, be issued a process piping pipefitter license. A person with less than 4 years of documented relevant work experience shall demonstrate sufficient knowledge of the regulations in order to be issued a process piping pipefitter license. Any proof required to be submitted under this section shall be accompanied by a statement under the penalties of perjury.

SECTION 14. Section 73 of chapter 36 of the acts of 2013 is hereby amended by striking out, in line 16, the words “March 15, 2014” and inserting in place thereof the following words:- June 16, 2014.

SECTION 14A. Item 0521-0000 of chapter 38 of the acts of 2013 is hereby amended by adding the following words:- ; provided further, that $310,901 shall be expended for the costs of the following special elections: (i) fifth Middlesex senatorial district; (ii) fourth Hampden representative district; (iii) thirteenth Suffolk representative district; (iv) second Suffolk representative district; (v) sixteenth Suffolk representative district; (vi) fifth Suffolk representative district; and (vii) ninth Norfolk representative district; and provided further, that the funds shall be in addition to any amounts previously appropriated and made available for expenditure through June 30, 2015.

SECTION 14B. Item 1410-0010 of section 2 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “the Stand Up and Play Foundation, Boston chapter, for rehabilitative adaptive equipment for veterans” and inserting in place thereof the following words:- salute military golf association Boston for veteran rehabilitative equipment.

SECTION 15. Section 2 of chapter 38 of the acts of 2013 is hereby amended by striking out item 1599-0081.

SECTION 15A. Item 2300-0100 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 27 and 28, the words “180 days after the effective date of this item” and inserting in place thereof the following words: May 1, 2014

SECTION 16. Item 3000-4065 of said section 2 of said chapter 38 is hereby amended by striking out, in line 4, the figure “168” and inserting in place thereof the following figure:- 166.

SECTION 17. Said section 2 of said chapter 38 is hereby further amended by inserting after item 4580-1000 the following item:-

4590-0081For a public health evaluation grant program; provided, that the executive office for administration and finance shall issue a report to the house and senate committees on ways and means within 30 days of issuing a request for proposal for this program detailing the criteria to be used to award grants; provided further, that grant recipients shall be selected through a competitive grant process in which successful proposals shall: (a) demonstrate substantial experience conducting evaluations of federal, state or local public health programs; (b) focus on the evaluation of a state-funded department of public health program which may include, but shall not be limited to, school-based health centers, smoking cessation programs, HIV/AIDS prevention and treatment programs, obesity prevention programs and child nutrition programs; (c) identify the state administrative datasets to be used; (d) ensure compliance with applicable privacy regulations, including institutional review board policies; and (e) propose an evaluation to be completed in not more than 24 months, which will provide analysis that examines the following areas of policy relevance: (i) the quantifiable effect of the program on the population treated through the program; (ii) an estimate of the cost to the commonwealth of the public health problem being addressed through the program; (iii) a comparison of the cost of the program and the estimated short-term and long-term benefits received by program recipients through the program; (iv) data limitations in estimating the effect of the program; and (v) recommendations for further study; provided further, that in awarding grants, priority shall be given to organizations located within the commonwealth; provided further, that not more than 50 per cent of the amount appropriated in this item shall be granted to any 1 organization; provided further, that the request for proposals shall be issued not later than June 30, 2014; provided further, that the department of public health, the center for health information and analysis, the executive office of health and human services, the executive office of education, the department of housing and community development and other relevant state agencies shall work with grant recipients funded through this item, as necessary, to provide secure access to state collected data that is necessary for evaluations; provided further, that organizations receiving funds through this item shall report quarterly to the house and senate committees on ways and means, the joint committee on public health and the department of public health on: (A) the status and preliminary results of studies funded through this item; and (B) any obstacles encountered in access to data or other information that is negatively affecting the completion of the study; and provided further, that funds appropriated in this item shall not revert and shall be available for expenditure through the term of grants awarded under this item, but not later than October 1, 2016…………………………………………………………….. $500,000

SECTION 18. Item 4800-0038 of said section 2 of said chapter 38 is hereby amended by striking out, in line 31, the word “March” and inserting in place thereof the following word:- November.

SECTION 18A: Item 7004-0101 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; and provided further, that the termination standards applicable to families in any form of emergency shelter funded by this item or item 7004-0103 shall not be more strict than those applied to families in congregate shelters as of January 1, 2014.

SECTION 18B. Item 7004-9316 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 40 and 44, the figure “90”, and inserting in place thereof, in each instance, the following figure: – 50.

SECTION 19. Item 7008-0900 of said section 2 of said chapter 38 is hereby amended by inserting after the word “ event”, in line 16, the following words:- ; provided further, that not less than $89,000 shall be provided for the support of the Plymouth Amphitheater.

SECTION 20. Item 8000-0122 of said section 2 of said chapter 38 is hereby amended by striking out, in line 2, the figure “$2,570,700” and inserting in place thereof the following figure:- $2,720,700.

SECTION 20A. Item 8910-0108 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; provided, that not less than $40,000 shall be expended for the Franklin County Opioid Education and Awareness Task Force.

SECTION 21. Item 8910-0445 of said section 2 of said chapter 38 is hereby amended by striking out, in line 2, the figure “$250,000” and inserting in place thereof the following figure:- $300,000.

SECTION 22. Item 1595-1068 of section 2E of said chapter 38 is hereby further amended by striking out the figure “$568,025,000”, inserted by section 40 of chapter 118 of the acts of 2013, and inserting in place thereof the following figure:- $620,025,000.

SECTION 23. Item 1595-6368 of section 2E of said chapter 38 is hereby amended by inserting after the figure “ 2014”, in line 14, the following words:- ; provided further, that $115,915 shall be expended for the Montachusett Regional Transit Authority to support services in the town of Athol.

SECTION 24. The third paragraph of section 3 of said chapter 38, is hereby amended by striking out the last 2 sentences, inserted by section 41 of chapter 118 of the acts of 2013, and inserting in place thereof the following 2 sentences:- For fiscal year 2014, the commissioner of elementary and secondary education shall begin a 4-year phase in of equal increments to include health care costs for retired teachers as part of net school spending for any district in which the costs were not considered part of net school spending in fiscal year 1994. For fiscal year 2014, 1/4 of the cost shall be included in calculating fulfillment of net school spending requirements; provided, that in districts currently in level IV or level V status under the commonwealth’s accountability and assistance system, the commissioner may delay or limit the inclusion of the costs in calculating net school spending until such district’s status is lowered to level III or below, at which time the commissioner shall begin or resume a 4-year phase in of the remaining costs; and provided further, that during the 4-year phase in period authorized under this section, the commissioner may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers if the commissioner approves a schedule submitted by the district to meet the requirements not later than at the end of the 4-year phase in period.

SECTION 25. Section 183 of said chapter 38 is hereby amended by striking out, in line 9, the figure “2014” and inserting in place thereof the following figure:- 2015.

SECTION 26. Paragraph (a) of section 56A of chapter 118 of the acts of 2013 is hereby amended by inserting after the words “said item 7004-2033 of said section 2D” the following words:- ; provided further, that $1,728,363 shall be expended regardless of federal reimbursement so that participating agencies that administer the federal Low Income Home Energy Assistance Program receive a total of $20,000,000 in additional federal and state funding.

SECTION 27. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation may incur liabilities and make expenditures in fiscal years 2014 and 2015 in excess of funds available to the department for snow and ice removal; provided, however, that the expenditures are approved by the secretary of transportation in consultation with the secretary of administration and finance. No expenses shall be made in excess of funds available until $38,000,000 has been expended for snow and ice removal in each of fiscal years 2014 and 2015 and the negative balance of funds available for snow and ice removal shall not exceed $50,000,000 at any time during each fiscal year. The comptroller may certify for payment invoices in excess of funds available to the department.

(b) The department shall, on or before May 1 in fiscal years 2014 and 2015, report to the executive office for administration and finance and the house and senate committees on ways and means the total amounts budgeted and expended for snow and ice removal. The department shall seek appropriations, as required, to cure deficiencies resulting from the removal of snow and ice for fiscal years 2014 and 2015.

SECTION 27A. Notwithstanding any general or special law to the contrary, the department of children and families shall not license any foster parents and shall not approve any new foster care placements involving individuals or family members convicted of a felony absent specific written findings on the necessity of the placement and a finding that the placement poses no threat to the safety of any child which is the subject of the placement for a period of 6 months following the effective date of this act; provided, however, that the office of the child advocate shall examine within 90 days of the effective date of this act the existing placements of children in the homes of individuals or family members convicted of a felony for the purpose of ensuring the safety of each child so placed and to determine whether the placement is appropriate.

SECTION 27B. Notwithstanding any general or special law to the contrary, the board of the commonwealth health insurance connector shall provide a monthly report on the current status of the Health Insurance Exchange and Integrated Eligibility System (HIX/IES) including, progress toward articulated milestones, current level of functionality and statistics regarding applications processed through the HIX/IES. The board of the commonwealth health insurance connector shall provide that report to the joint committee on health care financing. The first report shall be submitted within 2 weeks of the effective date of this act and every 30 days thereafter until such a time as the HIX/IES is fully functional and complete.

SECTION 27C. (a) Notwithstanding any general or special law to the contrary, the secretary of energy & environmental affairs shall convene an advisory committee on flood risks created by climate change. The advisory committee shall be chaired by the secretary, or a designee, and be comprised of representatives with expertise in the following areas: coastal zone and river flooding, hydrological and hydraulic modeling, natural hazard preparedness and mitigation, sea level and storm surge projections, risk measurement and reduction, emergency management planning and scenario planning.

(b) The advisory committee shall complete a report, not later than July 1, 2015 which shall include: (i) a set of combined sea-level rise and storm-surge scenarios; (ii) estimates of risk levels of each scenario occurring by 2030, 2050 and 2100; (iii) estimates of flood water levels in coastal areas under each scenario which shall reflect appropriate local information such as local uplift and subsidence, and coastal erosion rates; (iv) estimates based on hydrological and hydraulic modeling of flood water levels in each scenario in historically coastal areas now currently protected by dams, including the Charles River Basin and the Mystic River Basin; (v) maps of areas subject to inundation in each scenario; and (vi) recommendations for additional study to assess the vulnerability of state agency and public utility assets based on the scenarios developed.

(c) The committee shall conduct a public hearing before procuring any contract for consulting services and a second hearing before finalizing its report. The report shall be filed with the clerks of the house of representatives and senate, who will forward the report to the chairs of the joint committee on environment and natural resources.

SECTION 27D. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of public health and the executive office of health and human services, shall submit a report to the clerks of the house and senate to determine a safe and feasible site on the campus of the Lemuel Shattuck Hospital in the city of Boston for the siting of a modular child care center, outdoor play area and parking. The department of public health shall allow the Shattuck Child Care Center, Inc. to remain in its present location under the terms of the existing agreement between the Lemuel Shattuck Hospital and the Shattuck Child Care Center, Inc. for 180 days after the submission of the report.

SECTION 28. The salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the State Police Association of Massachusetts, Unit 5A, shall be effective for the purposes of section 7 of chapter 150E of the General Laws.

SECTION 29. The salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Service Employees International Union, local 509, for family based child-care providers shall be effective for the purposes of section 7 of chapter 150E of the General Laws.

SECTION 29A. The special commission established in section 164 of chapter 38 of the acts of 2013 is hereby revived and continued. The commission shall file a report detailing its work and findings, including any legislative recommendations, with the clerks of the house of representatives and the senate not later than December 31, 2014.

SECTION 29B. (a) The division of capital asset management and maintenance, in consultation with the chief justice of the trial court, the court administrator, the secretary of transportation, the secretary of administration and finance and the senators and representatives from the city of Springfield, shall issue a report on the Hampden County Court Complex located in the city of Springfield. The report shall be filed with the executive office for administration and finance, the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets not later than June 30, 2014.

(b) The report shall investigate and make recommendations on:

(i) the impact of the reconstruction of the interstate 91 viaduct on public safety and public access to the court facilities;

(ii)the damage the facilities sustained as a result of the 2011 tornado and the possibility of damage from proposed demolition and construction in the area;

(iii)the temporary relocation of the courts and personnel during any construction or relocation;

(iv)the fair market value of the Hampden County Court Complex in light of recent development;

(v)the feasibility of constructing a state of the art courthouse that includes wireless technology, data storage and real time courtroom audio and visual technology located in the city of Springfield;

(vi)the feasibility of constructing a new courthouse;

(vii)the accessibility of any proposed relocation sites to low-income residents of Hampden county and the city of Springfield;

(viii)the fiscal impacts of any relocation or construction plan on Hampden county and the commonwealth;

(ix)the potential for construction and other full-time permanent jobs, which might benefit the citizens and communities of Hampden county;

(x)the feasibility of designing a courthouse with the most advanced and stringent environmental standards in the commonwealth;

(xi)the integration of the courthouse to the community at large, as well as local colleges, universities and law schools;

(xii)an analysis of the economic impact of any proposed reconstruction or relocation on businesses located on State street in the city of Springfield;

(xiii)any inadequacies of the current design for the Hamden County Court Complex;

(xiv)the design and construction costs of courthouses built in the last 10 years in the commonwealth; and

(xv)any other matters the division considers appropriate to make recommendations, including legislation necessary to execute plans contained in the report.

SECTION 29C. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400, 4000-1405 and 4000-1420 of section 2 of chapter 38 of the acts of 2013 for the purpose of reducing any deficiency in these items, but any such transfer shall be made not later than August 30, 2014; provided, however, that the secretary of health and human services shall provide written notification to the house and senate committees on ways and means within 15 days of any transfers made under this section.

SECTION 29D. Sections 3D and 3E shall take effect as of July 1, 2013.

SECTION 30. Section 5 shall take effect as of November 4, 2012.

SECTION 31. Section 6 shall take effect as of October 1, 2013.

SECTION 32. Section 7 shall take effect on October 1, 2014.

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